Rohnert Park Municipal Code Art. I Conditional Use Permits

The regulations contained in this section are intended to:

A. Establish procedures for the approval, conditional approval, or disapproval of conditional use permits when required by this section; and

B. Establish findings to permit uses that have unusual site development features or operating characteristics requiring special consideration so that the use may be designed, located, and operated compatibly with uses on adjacent properties and in the surrounding area.

(Ord. 695 § 3, 2003)

The planning commission may grant use permits for such conditional uses in such districts as are prescribed in the regulations of this title which are consistent with the city's general plan, the specific purposes of the zoning district in which the site is located, and the provisions of this section.

(Ord. 695 § 3, 2003)

An application for a conditional use permit shall include the following:

A. The application form provided by the city, signed by the property owner or authorized agent of the property owner, the applicant, and any other party involved as a contingent buyer or lessee.

B. The required plans and other documentation pertaining to the application, including:

1. Site plan to scale indicating the location and configuration of all buildings and proposed uses including setbacks from property lines, parking spaces and circulation, fencing, street improvements, fire hydrants, refuse and waste areas, proposed grading and drainage, and other significant site features. The site plan shall include computations on the number and types of parking spaces provided, amounts of usable open space or interior yard area, and lot area coverage. Commercial and industrial developments shall include floor area ratio (FAR) calculations, net and gross lot area, and shall identify the square footage and location of all easements on the project site.

2. A complete project summary including a description of all activities proposed for the site.

3. Building floor plan(s) of sufficient clarity and scale to indicate the nature and extent of the proposal and to illustrate in detail that it will conform to the provisions of all relevant laws, codes, ordinances, rules, and regulations.

4. Building elevations of sufficient clarity to indicate the nature of the exterior appearance of the proposal and its relationship to its surroundings.

C. Depending on the complexity of the application, additional materials such as presentation illustrations, three-dimensional models, or photometric analysis may be required by the planning department. Smaller scale projects may have certain submittal requirements waived at the discretion of the planning and community development director or his/her designee.

(Ord. 695 § 3, 2003)

A. The planning commission shall hold a public hearing to consider an application for a conditional use permit.

B. The public hearing shall be noticed as set forth in Chapter 17.25 Article XI of this title.

(Ord. 695 § 3, 2003)

A. The planning commission shall approve or conditionally approve a conditional use permit application if, on the basis of the application, supporting materials, and written and oral testimony submitted at the hearing, the planning commission makes each of the following findings:

1. That the proposed location of the conditional use is consistent with the objectives of the zoning ordinance and the purposes of the district in which the site is located;

2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, and that the operation and maintenance of the conditional use will be compatible with the surrounding uses;

3. The proposed conditional use will comply with each of the applicable provisions of this title.

(Ord. 695 § 3, 2003)

A. The planning commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued to a time and date certain.

B. If an application is disapproved, then no new application for the same, or substantially the same, use shall be filed within one year of the date of the denial of the initial application, unless the application is denied without prejudice.

C. The decision of the planning commission shall become final ten calendar days after the decision is rendered, unless appealed to the city council as set forth in Chapter 17.25 Article XII.

D. A conditional use permit shall run with the land and shall continue to be valid upon a change of ownership of the site or structure.

(Ord. 695 § 3, 2003)

A. A conditional use permit shall lapse one year after the date of final approval or at an alternative date specified at the time of approval, unless:

1. A building permit has been issued and construction has diligently commenced; or

2. A certificate of occupancy has been issued; or

3. The use is established; or

4. The conditional use permit is renewed in accordance with subsection B below.

5. The project is a residential development that does not require the approval of a tentative subdivision map, or otherwise not vested through a development agreement with the city, then the approval shall expire after a twenty-four-month period, unless extended for special circumstances by the city council.

B. A conditional use permit approval may be renewed for an additional period of one year, provided that prior to the expiration date, an application for renewal of the conditional use permit is filed with the planning commission. The planning commission shall not deny the renewal request without first holding a public hearing and making findings supporting the reason for denial. If the planning commission denies the renewal request, the applicant shall have ten calendar days to appeal the decision to the city council as set forth in Chapter 17.25 Article XII.

(Ord. 695 § 3, 2003)

A conditional use established prior to enactment of this title shall be permitted to continue, provided that it is operated and maintained in accord with the conditions prescribed in the conditional use permit.

Alteration or expansion of a conditional use shall be treated as a new application, unless the planning and community director finds that the alteration or expansion is minor, does not involve substantial alterations or additions to the original approval, and is consistent with the intent of the original approval.

(Ord. 695 § 3, 2003)

A. A violation of a condition of approval or a provision of this chapter may cause a conditional use permit to be revoked or modified as set forth in Chapter 17.25 Article XIV of this title.

B. A request to amend one or more of the conditions of approval shall be treated as a new conditional use permit application.

(Ord. 695 § 3, 2003)